Are you managing the risks posed by digital work systems?

Businesses in New South Wales that use, or are considering the use of, digital work systems, now need to comply with new work health and safety (WHS) duties relating to technology, with the passing last week of the Work Health and Safety Amendment (Digital Work Systems) Bill 2026 (NSW).

The new laws require employers to more closely examine how their digital work systems affect worker health and safety, particularly in relation to workload, monitoring and decision-making. Although no other jurisdiction has enacted these laws yet, it is possible that similar laws will be introduced in other states or territories.

What you need to know about the new laws

The Bill introduces specific duties requiring persons conducting a business or undertaking (PCBUs) to ensure that the use and allocation of work by a digital work system are without risks to health and safety. A digital work system is broadly defined as an algorithm, artificial intelligence (AI), automation or online platform. Common digital tools, which are likely to fall within this definition, include automated rostering and performance-tracking software.

Importantly, the Bill clarifies that core WHS duties apply to the technology itself. This means that the law treats the algorithm, AI or automated scheduler not just as a piece of equipment, but as a system of work that the PCBU must actively design, monitor and control to prevent harm, just like any other hazard in the workplace.

How to comply with the new laws

Under the law, the PCBU must ensure that outputs generated by the relevant digital work system do not result in:

unreasonable workloads;
excessive performance metrics or tracking;
excessive monitoring or surveillance; and
discriminatory practices, including, for example, allocating work to one group of people and not others.

How the new WHS duties will apply in practice

The main challenge in complying with the new laws lies in interpreting the legal terms “unreasonable workloads” or “excessive monitoring and metrics”. For example, it may be automated scheduling that fails to factor in worker fatigue or breaks, and will lead to stress, burnout and unreasonable workloads. Also, AI-driven performance tracking itself could lead to increased psychosocial harm for workers that are being continuously tracked and are concerned about that process.

Unions have also gained an independent right to access and inspect such systems, after giving 48 hours’ notice of entry.

Next steps

A PCBU should review the new duties relating to digital work systems and examine the impact it may have on their business. A gap-analysis is also important to identify whether the new obligations will be met by your business’ existing WHS framework.

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